An accused is entitled to bail if the court is satisfied that there are reasonable grounds to believe that he is not guilty of the offence and that he will not abscond or misuse his liberty.

Headnote:
Fact of the Case:

The applicant was arrested for allegedly planning a theft and possessing a torch and a stick. He was denied bail by the trial court.
Finding of the Court:

The court found that the applicant had been in custody for a significant period of time and that the trial was likely to take a long time to conclude. The court also considered the applicant's parity with the co-accused.
Issues: Whether the applicant should be granted bail.
Ratio Decidendi: The court held that the applicant was entitled to bail considering the facts and circumstances of the case, the arguments advanced by the parties, and the applicant's custody period.
Final Decision: The court allowed the applicant's bail application and directed that he be released on bail on furnishing a personal bond and a solvent surety.

ORDER

Heard and perused the case diary.

This is first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail. The applicant is arrested in relation to Crime/FIR No.22/2024, dated (not mentioned) registered at Police Station-Sitamau, District-Mandsaur (MP) for offence under Sections 401 of IPC and Sections 25 and 27 of Arms Act. Applicant is in custody since 17.01.2024.

2. As per prosecution story, the allegation against the present applicant alongwith other co-accused is of planning for theft.

3. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this crime. The allegations against the applicant is only that he was wondering about theft and a torch and strick also recovered from the possession of the present applicant. The present applicant is having complete parity with the co-accused. The applicant is in custody since 17.01.2023. Final conclusion of the trial is likely to take sufficient long time, therefore, it is prayed that the application be allowed and the applicant be released on bail.

4. Learned counsel for the State opposes the application and prays for its dismissal.

5. Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties and custody period of the applicant, but without commenting on the merits of the case, the application filed by the applicant is allowed.

6. It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, to appear before the trial Court on the dates given by the Court. The applicant shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

7. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective. Certified copy as per rules.

(PREM NARAYAN SINGH) JUDGE Vindesh (PREM NARAYAN SINGH) JUDGE Vindesh

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